The Research Of Critical Information Infrastructure Protection Legislation In China

With the revolutionary progress of information and communication technologies, new thinking, such as Cloud Computing and Big Data, has greatly changed human lifestyle. After a long process of development, human beings have entered the information age. Information is valuable. Information leakage endangers national security, social stability and people’s happiness. For example, the core value of Big Date is to store and to analyze mass data. The valuable information needs carriers in production, storage and transmission. The Critical Information Infrastructure is the carrier for information. When the Critical Information Infrastructure is threatened, the information safety is influenced also. Therefore, people began to pay more attention to the protection of Critical Information Infrastructure.At present, there are some difficulties in the area of Critical Information Infrastructure Protection, which are mainly reflected in a late start, lag in technology and security, serious safety threat, etc. It needs multi-protection measures such as technology, management and law. This thesis discusses law protection which is an important way to meet the need of its value protection. But China has no related law at present.In recent years, the party and the state pay high attention to the network security. Within the context of "The Overall National Security Concept", the Cyber-Safety Act (draft) openly sought public opinions in July,2015, which stimulated the perfection of Critical Information Infrastructure Network Security. At present, it is more important to clear definition, delimit protection boundary and comb the key legislative problem of Critical Information Infrastructure.Besides the introduction, the thesis can be divided into five parts. Chapter 1 gives the overview and definition of Critical Information Infrastructure. The author analyzes its characteristics and summarizes that it has functional relevance, system relevance and information security relevance. Chapter 2 discusses the legislative foundation and the basic principles of legislation. Based on the public governance theory, virtual society governance theory and network sovereignty theory, the thesis reaches that cyberspace governance is a new direction for the future governance. To determine sovereignty in cyberspace is the premise of its legislative protection. The security principle and the proportionality principle further establish the legislative foundation and the basic principles of legislation of information infrastructure, which lay the foundation for the concept of legislation of prevention, safety and development. Chapter 3 mainly introduces US-based infrastructure protection and gives the analysis. Compared to other countries, the United States is the first country to focus on critical information infrastructure protection legislation, whose legislative system is also the most comprehensive and legislative process is also typical. The author combed the US legislation and policy strategy for nearly two decades and translated "Patriot Act" and "Critical Infrastructure Information Protection Law". The author summarizes the characteristics of the listed legal adjustment object, the legal principles of emphasizing company cooperation and information sharing, the legal content emphasizing network space facilities protection, which should give reference to our country. Chapter 4 describes the status and problems of legislation. In terms of current legislation, the author focuses on the relation and distinction between critical information infrastructure protection and National Security Law, State Secrets Law, Anti-Terrorism Act. As to the existing problems, the author points out the weakness of our existing laws and specific legislation in a blank state. In the last chapter, the author puts forward legislative measures to build up our critical information infrastructure based on foreign experience and Network Security Act (draft), Network Security Act and Critical Information Infrastructure Protection Ordinance, providing the fundamental basis and strategy for legal regulation of the Internet.